Mourcos, Ashraf Fekry Zaki

In or around March 2013, Ms A commenced employment for Dr. Mourcos as medical receptionist. She was in her early thirties at the time. She is married. Her job involved answering telephones, filing, booking appointments, collecting urine samples and taking patients to examination rooms.

In June 2013, after the last patient for the day had left, Ms A and Dr. Mourcos were alone in the office and engaged in conversation. It had been a very busy day, with several patient appointments, and Ms A commented that it had been a rough day. Dr. Mourcos responded that she looked tense. She said “Yeah” and was rubbing her neck and shoulders due to upper back pain. Dr. Mourcos offered to give her a massage. He had offered massages on earlier occasions, and had massaged the back of her neck while she sat at her desk working. On those occasions, Ms A agreed to the massage and when she asked Dr. Mourcos to stop, he stopped. On that day, Ms A declined Dr. Mourcos’ offer and told him she did not need a massage. When Dr. Mourcos persisted, telling her that this would be a good practice for him as he was taking classes in massage therapy, Ms A gave in and agreed to the massage.

After rubbing her shoulders while standing behind her at her desk for about a minute, Dr. Morcous told Ms A he could not massage her in the reception area and asked her to go into an examination room. When Ms A went into the examination room and sat on a stool, Dr. Mourcos went into his office briefly and, unbeknownst to Ms A at the time, locked the main entrance to the office. Dr. Mourcos then entered the examination room and told Ms A that he could give her a better massage if she lay down on the examination table. Ms A lay on the examination table face down and Dr. Mourcos commenced massaging her back over top of her shirt. She was wearing scrubs at the time. Dr. Mourcos then inserted his hands underneath her shirt. Ms A did not object to this touching as she felt it was like a regular massage. Dr. Mourcos began touching her lower back and moving his hands down her back towards the waistband of her pants. Ms A felt Dr. Mourcos slip his hand underneath the waistband of her pants and move his hand towards her right hip. He asked if he could massage under her pants and she said “no”. Dr. Mourcos then moved his hand upwards and continued to massage Ms A’s back under her shirt for about a minute. He then moved his hands towards Ms A’s mid-back and unclasped her bra, while Ms A did not realize it. Without warning or consent, Dr. Mourcos moved his right hand toward her right breast, placing his fingers on the side and upper part of her right breast for a couple of seconds. Ms A sat up quickly, and ended the massage. At that point, Ms A realized that her bra was undone. She struggled to do it up. Dr. Mourcos stood at the doorway, and told her everything was “okay”. When Dr. Mourcos asked if he could help her with her bra, Ms. A was in shock and did not respond. Dr. Mourcos inserted his hands under her shirt, and helped her do up her bra. As she moved towards the door to leave the exam room, Dr. Mourcos stood at the doorway and repeated “it’s okay”. He asked Ms A to kiss him. Ms A said no. He leaned in to kiss her, but Ms A turned her head and he ended up kissing her on the cheek. He stepped back from the door so she could leave.

Ms A left the examining room and returned to her desk in the reception area. Shortly thereafter, Dr. Mourcos engaged her in conversation in the reception area asking her about her marriage and whether she had engaged in sexual relations with other people. The conversation ended when the phone rang and Ms A attended to the call. At that time, Dr. Mourcos returned to his office. He then unlocked the main door to the office. Ms A finished her duties for the day and left the office. She was upset about what had occurred. She told her mother what happened and then contacted police that evening. She did not return to work.

Disposition

The Discipline Committee ordered that:

- the Registrar suspend Dr. Mourcos’ certificate of registration for a period of six (6) months, to commence immediately.
- the Registrar impose the following terms, conditions and limitations on Dr. Mourcos’ certificate of registration:
- Dr. Mourcos shall be subject to workplace monitoring in all practice locations by a regulated health professional, approved by the College, who executes an undertaking with the College in the form attached as Appendix “A” (Office Practice) or “B” (Other Practice Locations) (the “Practice Monitor”). Monitoring shall continue for a minimum period of two years in each of Dr. Mourcos’ practice locations and shall continue, in the College’s sole discretion, if reports are unsatisfactory;
- The Practice Monitor(s) shall be required to, among other things:
- provide written reports to the College on a quarterly basis. Such reports are to include information regarding Dr. Mourcos’ conduct, behavior, and professionalism including information provided to the Practice Monitor by nurses, medical staff and/or any other staff working directly or indirectly with Dr. Mourcos; and
- provide immediate reporting to the College if the Practice Monitor has any concerns about Dr. Mourcos’ conduct, behavior or professionalism, concerns that people or patients in the workplace may be at risk of harm, or concerns that Dr. Mourcos is not in compliance with the panel’s Order;
- Dr. Mourcos shall provide an executed Appendix “A” and “B” from a College approved Practice Monitor no later than thirty (30) days before he resumes practice following his suspension. If the person who has given an undertaking in the form of Appendix “A” or “B” is unable or unwilling to continue to fulfill its terms, or the College determines the Practice Monitor is no longer acceptable, Dr. Mourcos shall, within twenty (20) days of receiving notice of same, obtain an executed undertaking in the same form from a similarly qualified person who is acceptable to the College and ensure that it is delivered to the College within that time. If Dr. Mourcos is unable to obtain a Practice Monitor on the terms set out in this Order, he shall cease practising medicine until such time as he has obtained a Practice Monitor acceptable to the College on the terms set out above;
- Dr. Mourcos shall provide written notice to the College at least thirty (30) days before seeking privileges, employment or any other position, at any hospital, independent health facility, out-of-hospital premise, facility, or any other location. Dr. Mourcos shall inform the College within ten (10) days of the date he receives notice that he has been granted such privileges, employment or position. Dr. Mourcos shall ensure that he has obtained an undertaking in the form of Appendix “B” from a College-approved regulated health professional who works at that location and shall provide same to the College before commencing work at such location;
- Dr. Mourcos shall ensure that all individuals who work in his office, whether employed by him or not, review this Order and the Statement of Uncontested Facts by no later than January 30, 2018 and review the Decision and Reasons of the Discipline Committee within 15 days of its release.
- Dr. Mourcos shall ensure that any new individual hired to work in his office shall review this Order, the Statement of Uncontested Facts and the Decision and Reasons of the Discipline Committee prior to commencing work at Dr. Mourcos’ office. 
- Dr. Mourcos shall be responsible for any and all costs associated with implementing the terms of this Order.
- Dr. Mourcos attend before the panel to be reprimanded.
- Dr. Mourcos pay the College costs in the amount of $5,500 within thirty (30) days from the date of this Order.